“objector, in relation to a direction to undertake an assessment and attend a non-violence programme, means a person who notifies the court under section 51E(2)(b) of the Act that he or she objects to the direction”.

14 Rule 99 amended (Witness entitled to expenses)

15 Schedule 1, form DV 2 amended

(2)In the heading “*Request for provision of programme”, after “of”, insert “safety”.

(3)Under the heading “*Request for provision of programme”, replace the text with:

“I request the Registrar to authorise the provision of a safety programme to the following person(s): [full name(s)]. (See‘Notes’ below.)”

(4)In the heading “*Certificate of lawyer”, after “lawyer”, insert “for application made without notice”.

(5)Above the heading “*Date of hearing”, insert:

“*Certificate of lawyer for application for protection order

“[Note: Complete if applying for a protection order.]

“I certify that I have advised the applicant that, if the court makes a protection order, the applicant may request the Registrar to authorise the provision of a safety programme to the applicant and to any other person protected by the order, including a child of the applicant’s family.

“Date:

“Signature:

“(Lawyer for applicant)”.

(6)Under the heading “Notes”, replace the headings “Information sheet”, “Affidavit in support”, and “Notice to Police” and the text under each of those headings with:

“Safety programmes

“If, on your application, the court makes either a temporary or a final protection order, you may request the Registrar of the court to arrange for you to attend a safety programme.

“You may also request the Registrar to arrange for the children of your family, or any other person for whose benefit the court directs that the protection order applies, to attend a safety programme.

“A request to attend a safety programme may be made at any time while the protection order remains in force.

“What must be filed with this application

“The following must be filed with this application:

“(a)affidavit in support (form DV 3); and

“(b)information sheet (form DV 4A). An applicant may request that his or her residential address be kept confidential (see rule 22 of the Domestic Violence Rules 1996).

“You must also file an information for Police (form DV 5) if you are applying for a protection order. It informs the Police about what access, if any, the respondent and associated respondent have to firearms and other weapons.”

17 Schedule 1, form DV 16 amended

“(v)as is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.”

(4)Replace the heading “*(d) Attendance at programme” with:

“*(d)Attendance at assessment and non-violence programme”.

(5)Under the heading “*(d) Attendance at programme”, replace all the text and paragraphs with:

“The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.

“The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may—

“(a)undertake an assessment of the respondent; and

“(b)determine whether there is an appropriate non-violence programme for the respondent to attend.

“If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent—

“(a)the number of programme sessions that the respondent must attend; and

“(b)the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and

“(c)any other terms of attendance.”

(6)Under the heading “Important information for respondent/associated respondent”, replace the heading “Objection to direction to attend a programme” and the text under that heading with:

“*Objection to direction to attend assessment and non-violence programme

“The court has directed you to undertake an assessment and attend a non-violence programme.

“You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

“If you do not make an objection within that period and then fail without reasonable excuse to comply with the direction, you may be prosecuted. (SeeConsequences of failing to comply with direction below.)”

(7)Under the heading “Important information for respondent/associated respondent”, above the heading “Modification or discharge of this order”, insert:

“*Notification of safety concerns for protected persons

“If following an assessment or at any time during your attendance at a non-violence programme a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.”

(8)Under the heading “Important information for respondent/associated respondent”, under the heading “Modification or discharge of this order”, revoke paragraph (c).

(9)Under the heading “Important information for respondent/associated respondent”, under the heading “Modification or discharge of this order”, after paragraph (d), insert:

“You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.”

(10)Under the heading “Important information for respondent/associated respondent”, under the heading “Consequences of a breach of this order”, replace “2 years’ imprisonment” with “3 years’ imprisonment”.

(11)Under the heading “Important information for respondent/associated respondent”, replace the heading “Consequences of failing to comply with direction” and the text under that heading with:

“*Consequences of failing to comply with direction

“You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

“The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.”

(12)Under the heading “Important information for protected persons”, replace the heading “Attendance at a programme” and the text under that heading with:

“Attendance at safety programme

“If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.

“If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contacting the Registrar.”

(13)Under the heading “Important information for protected persons”, under the heading “Modification or discharge of this order”, revoke paragraph (c).

(14)Under the heading “Important information for protected persons”, under the heading “Modification or discharge of this order”, after paragraph (d), insert:

“If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direction to be made.”

(15)Under the heading “Important information for protected persons”, under the heading “Consequences of a breach of this order”, replace “2 years’ imprisonment” with “3 years’ imprisonment”.

(16)Under the heading “Important information for protected persons”, replace the heading “Consequences of failing to comply with direction” and the text under that heading with:

“*Consequences of failing to comply with direction

“The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

“The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.”

18 Schedule 1, form DV 17 amended

“(v)as is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.”

(4)Replace the heading “*(d) Attendance at programme” with:

“*(d)Attendance at assessment and non-violence programme”.

(5)Under the heading “*(d) Attendance at programme”, replace all the text and paragraphs with:

“The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.

“The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may—

“(a)undertake an assessment of the respondent; and

“(b)determine whether there is an appropriate non-violence programme for the respondent to attend.

“If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent—

“(a)the number of programme sessions that the respondent must attend; and

“(b)the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and

“(c)any other terms of attendance.”

(6)Under the heading “Important information for respondent/associated respondent”, replace the heading “Objection to direction to attend a programme” and the text under that heading with:

“*Objection to direction to attend assessment and non-violence programme

“The court has directed you to undertake an assessment and attend a non-violence programme.

“You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

“If you do not make an objection within that period and then fail without reasonable excuse to comply with the direction, you may be prosecuted. (SeeConsequences of failing to comply with direction below.)”

(7)Under the heading “Important information for respondent/associated respondent”, above the heading “Modification or discharge of this order”, insert the following heading and paragraph:

“*Notification of safety concerns for protected persons

“If following an assessment or at any time during your attendance at a non-violent programme a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.”

(8)Under the heading “Important information for respondent/associated respondent”, under the heading “Modification or discharge of this order”, revoke paragraph (c).

(9)Under the heading “Important information for respondent/associated respondent”, under the heading “Modification or discharge of this order”, after paragraph (d), insert:

“You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.”

(10)Under the heading “Important information for respondent/associated respondent”, under the heading “Consequences of a breach of this order”, replace “2 years’ imprisonment” with “3 years’ imprisonment”.

(11)Under the heading “Important information for respondent/associated respondent”, replace the heading “Consequences of failing to comply with direction” and the text under that heading with:

“*Consequences of failing to comply with direction

“You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

“The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.”

(12)Under the heading “Important information for protected persons”, replace the heading “Attendance at a programme” and the text under that heading with:

“Attendance at safety programme

“If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.

“If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contacting the Registrar.”

(13)Under the heading “Important information for protected persons”, under the heading “Modification or discharge of this order”, revoke paragraph (c).

(14)Under the heading “Important information for protected persons”, under the heading “Modification or discharge of this order”, after paragraph (d), insert:

“If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direction to be made.”

(15)Under the heading “Important information for protected persons”, under the heading “Consequences of a breach of this order”, replace “2 years’ imprisonment” with “3 years’ imprisonment”.

(16)Under the heading “Important information for protected persons”, replace the heading “Consequences of failing to comply with direction” and the text under that heading with:

“*Consequences of failing to comply with direction

“The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

“The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.”